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APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: November 2, 1994 APPL. NO. 4277 APPLICANTS/OWNERS: MICHAEL AND KATHLEEN RICHTER AGENT: ANNE L. ARNOLD, 221 Fifth Avenue, Greenport 11944 LOCATION OF PROPERTY: 370 Old Orchard Lane, East Marion COUNTY TAX MAP DISTRICT 1000, SECTION 31, BLOCK 6~ LOT 18 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 25, 1994 GROUNDS OF DISAPPROVAL: "Proposed construction will have insufficient side yard setback." PROVISIONS APPEALED FROM: Article IliA, Section 100-30A.3 RELIEF REQUESTED: Construct 12 ft. x 40 ft. x 10 ft. accessory storage building with a setback of 5+ feet from the side property line, (setback established as built). Will require additional building permit or modification to BP #22093 dated 5/31194. MOTION MADE BY: Richard A. Wilton, Member SECONDED BY: James DinJzio, Jr., Member ACTION/RESOLUTION ADOPTED: BE IT RESOLVED, to grant the relief requested for a 12 ft. x 40 ft. x 10 ft. accessory storage building with a setback of 5+ feet from the side property line, (setback established as built) and located in the rear yard. Subject to compliance with all other zoning laws, and will require additional building permit or modification to BP #22093 dated 5/31194. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly a~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OFSOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town 11971, on WEDNESDAY, times spec'flied below: Hall, 53095 M~in Road, Southold, New York NOVEMBER 2~ 1994~ commencing at the 1. 7:30 p.m. Appl. No. 4275 - RENE MATOS. Request for a Variance under Article IIIA, Section 100-30A.4 (ref. 100-33) for permission to locate shed as an accessory building in the southerly side yard area, rather than the required known as 180 Carole Road, Southold, NY; No. 1000-52-2-6. The subject premises rear yard, at premises County Tax Map Parcel is a substandard parcel cont~inlng approximately 5,500 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals. ) 2. 7:35 p.m. Appl. No. 4276 - DALE and STACEY WAGNER MOYER. Request for a Variance under Article XXIV, Section 100-244B for permission to build addition to existing dwelling with a reduction in the northerly side yard setback to less than the Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of November 2, 1994 required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-143-3-12. The subject premises is a substandard parcel containing 24,768 sq. ft. total lot area. 3. 7:40 p.m. Appeal No. 4277 - MICHAEL and KATHLEEN RICHTER. Request for a Variance under Article IIIA, Section 100-30A.4 for permission to locate, as built, an accessory storage building with a setback at less than the stipulated ten (10) ft. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-18. (Setback, when located in a yard area other than a rear yard, shall be determined by the Beard of Appeals.) 4. 7:45 p.m. Appl. No. 4274 for a Variance under Article III, locate accessory storage building, at premises known as 395 Yennecott Park; County subject premises contains - MARY ANN GREFE. Request Section 100-33 for permission to as built, in the side yard area, Tuthiil Road, Southold, NY; Let #25 at Tax Map Parcel No. 1000-55-4-3. The approximately 32,700 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals. ) 5. 7:50 p.m. Appeal No. 4279 - JOAN LATHAM (Owner). Request for a Variance under Article IIIA, Section 100-30A.3 for permission Page 3 - Legal Notice Southold Town Board of Appeals Regular Meeting of November 2, 1994 to relocate an existing dwelling with addition in line with the existing rear yard setback line at 30 feet, which is nonconforming with the present rear yard requirement of 35 feet. This parcel is a corner lot with two front yards, contains a total lot area of approximately 17,500 sq. ft., and is known as 50 Rogers Road, Southold, NY; County Tax Map Parcel No. 1000-66-2-18. 6. 7:55 p.m. Appeal No. 4278 - OWEN MORREL. Request for a Variance under Article III, Section 100-33 for permission to construct accessory garage building in an area other than the required rear yard. This parcel contains five acres of lot area, known as 495 Paddock Way, Wolf Pit Pond Estates Lot #11, Mattituck, NY; County Tax Map Parcel No. 1000-107-4-2.10. The subject premises is located in the Agricultural-Conservation (A-C) Zone District. 7. 8:00 p.m. Appeal No. 4280 - JOHN H. MULHOLLAND. Request for a Variance under Article IIIA, Section 100-30A.3 for permission to construct addition to dwelling with a setback at less than the required ten (10) feet from the easterly side property line, at premises known as 715 Island View Lane, Greenport, NY; County Tax Map Parcel No. 1000-57--2-24. The subject premises is a substandard lot containing 17,011 sq. ft. total lot area. Page 4 - Legal Notice Southold Town Board of Appeals Regular Meeting of November 2, 1994 Indian Neck 1000-86-7-4. area. 8. 8:05 p.m. Appeal No. 4281 - KATHLEEN VARANO. Request for Variance under Article XXIII, Section 100-235B, and Article III, Section 100-32 (Bulk Schedule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA rendered May 2, 1985 under Appeal No. 3330, and request for a Variance to establish building envelopes for future construction since the setbacks shown do not comply with the principal setback requirements for this R-80 Residential Zone District. Location of Property: 6600 Road, Peconic, NY; County Tax Map Parcel No. Subject premises consists of 5.3+- acres in total The Board of Appeals will at said time and place hoar any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or wo~ld like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: October 17, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By IAnda Kowalski X FOP&I NO. 3 TO~IN OF SOul.OLD EUILI)ING DEPART~iENT SOu~OLD, N.Y. NOTICE OF DISAPPROVAL DATE: AUGUST. .... 25¢ 1994 . Arnold TO ....Aqqq ............................. .. .. P.O. Box 172 - Old Orchard Lane East llarlon, N.Y. 11939 PLEASE TAKE NOTICE that your application dated ...1~.~..1.0~ ........... 19. ~... CONSTRUCT ACCESSORY STORA(~ SHED for permit to ...... at Location of Property . 370 OLD ORCHARD LANE EAST I~RION, N.Y. Rouse No. Street Hamlet County TaxMap No. 1000 - Section ..... ~[ .... BLOCK .... ~. ..... LOT ..... 1~. Subdivision ........ Filed Hap No ...... Lot No. . ~sreturned herewith and disapproved on the following grounds ...[0~D~..AI~T~.L~...I.I~. ......... ~'. SECTION 100-30A.3 OF SOWI~tOLD ZONING CODE PROPOSED CONSTRUCTION ~ILL HAVE ........................................................................ . . ----- -- , .... INSUFFICIENT SIOE YARD SET BACK. ACTION REQUIRED BY Tltg ZONING BOARD OF APPEALS. JORN ~. BOUFIS~' BUILDING INSPECTOR RV I/80 TOW~ OF ~OLrmoto FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD. N.Y. 11971 TEL.: 765-1803 Approved .~x .ff./ 9~ - ,,'~.'~) ~-- ............... , 19./qPermit rio ......... '... Disapproved a/c ..................................... OF HEALTH ......... 3 SETS OF PLANS .......... SURVEY ................... CIIEcK .................... SEPTIC FORH .............. TO: ~(~B uilfling Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ~ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ,or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d., Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shail have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or/~ Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.i~ The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in building for necessa~ctions./,/~.22.7-~.7 //~ . . <~../(...~....~.~v~.. ............. -- (Signature of applicant, or name ... ~..~.,-¢: f.<. &..e_. ..... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber, Name ofownerofpremises ..~..!.C?j.~.~../ /"b~/l /~. ?4.-.t./x' .~.e.'~<~....~.L~...~... (as on the tax roll or If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate offiCe0CCU PANCY OR Builder's License No ................USE 18 'UNLAWFUL Plumber's License No. ' 'WITHOUT CERTIFICATE Electrician's License No ..... ....... 0F' -OCCUPANCY Other Trade's License No ...................... FEE: NOTIFY BUILDING DEl 766-1802 9 AM TO 4 PM FOR FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO FOR POURED CONCRETE 2. ROUGH - FRAMING & 3. INSULATION 4. FINAL - CONSTRUCTION BE COMPLETE FORJ~.O. ALL CONSTRUCTION THE REQUIREMENTS OF '"') ~ ._ STATE CONSTRUCTION · · . /~ Or_ ,, ~stf~ tocat:on or ,and on wh,ch proposed work will be done .... .~. ........... .'9...DES,~,~ORCO~ ~'~ ~ I~gtR0t 1 · ...3 ?..o.. .... ..... :: :,. ....... .c?..c. ~..o.& .~.~ ~ .~..~. ........ . ._/7.a.~. ~.~.,~.... ltouse Number Street Hamlet County Tax Map No. 1000 Section ....... :9.~/ ....... Block ..... (-.-Q ........... Lot .... /.~.. Subdivision ..................................... Filed Map No ............... Lot ...... (Name) 2. State existing use and occupancy of p.remises and intended use and occupancy of proposed construction: · a. Existing use and occupancy . .., ...... , ................................ . .....~,q y~,~,.~ ........... b. Intended use and occupancy ..................... .~. ",', J ' '.' :..L:Z":::i' ~ h:~;~,.-:i~'~4,'~ ....... 3. ture or work (check which appli e): New Building Addition ....... -., ~Utexalg6n~., Repair .............. Removal .... ~ ..... Demolition .............. Other Work. .. .,. . Ption' 5. (to be paid 6'n'fihfi~,~h]~pplicat~ If dxvelhng, number of dwelling units -, - . · .-.r ,ge .~ ~ Ion) · - .............. x'~umoer of dwelling units on each/1Ooi'."7'5:... If garage, number of cars 6. If business, c°mmercial or mixed occupancy, specify nature and extent o'f'e'a~'t' ' ;'~f't; ............... '.4 7. Dimensions of existing structures, if any: Front YP se ......... ............... Rear . Depth ...... Height ............... Number of Stories ............. ·.. Dimensions of same stmct'ure with alterations or additions: Front ....................... Depth Height ................. Rear ..... ...................... Number of Stories ............ 8. Dimensions of entire new construction: Front Height Number of Stories ............... Rear ............... Depth ... Size of lot: Front Rear De th 10. Date of Purchase ............... (; .... ;.U' ........... P ...... " .................... ' ......... marne oI eormer Owner ...... . .... '" 1 I. Zone or use district in which premises are situated ........................... ' ...... ~ · · _ · 12. Does proposed construction violate any zoning law, ordinance or regulation' ./fro ........... . 13. Will lot be regraded .... (¥.~.. 14. Name of Owner of premises . (b. 5~.~ L'.'' '.: .... 'n' .,..;,,Will excess fill _be removed from "'~m:---- ...... :Phone No. r.' Name of Architect ·. Address Phone No. 5. Name of Contractor ......................... .......................... Address ...... .5. Is this property within 300 feet of a tidal wetland? ' '*Ye's .... ..........Phon? N~9 .... · If yes, Southold Town Trustees Permit may be required. No...~. .... · .. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions fro~ ~roperty lines. Give street and block number or description according to deed, and show street names and indicate whet nterior or comer lot. ATE OF NF~-Y..OR/~, ~" //./ S S ' ,UNTy .(. ' ' , ...... /d.. tmame of individual mgning contract) ,ye named.. < being duly sworn, deposes and says that heis the a iS the . .~ ........................................... ; ........ · ' , (Contract'~corporate officer, etc.) .......................... :',5 aid owner or owners, and is duly authorized to pe~r have "e-r-~--' ..... x '' '! F~-,'- .,- ...... ~ v .-,-,-,,cu me sala Work and to make and file Jtis ,uatlon; that all statements contained m this application are true to the best of his know , k will be performed in the manner set forth" ............. ledge and belief; anu that the · Ill tileapplication mca merewlm. ~m to before me this Qff~ d ' ........ ......... C ..... ' .... ounty No. 4879505 __Quellfled in Suffolk County tae~m~lon Exlah'em December 8, 19.~_.'~ talgnature of applicant~! ~. RECEIVED 2 Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAl_ NO. /-/~'"/'~7 GATE ..... ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, IWe) .................................. ....3.7.0,. _ .O. LD,..O~ n]~ A RD~, T.A~ .............................. Name of Appellant Street and Number NEW w~ ............... EAS~.~MARION ...................................................................... .*..w.q~.. ...... MEREBY APPEAL IO Municipalib/ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... 22098B .................... DATED ........... ~. /. .3. .1. /. .9..~ ............................. WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ( ) ANNE L. ARNOLD Name o~ Applicant for permit of 01 .d...0..r..c...h..a..r.¢l., ]~., ......................... F~kS]:..M~LRIO~I ..................... ~LI?~..Y~ ................... Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY East Marion R-40 1. LOCATION OF THE PROPERTY ...-39G--G~D-.~j~tP~L~..~,~mm ......................................................... btreet-TH~I~lE!t / Use District on Zoning Map District 1000 Section 31Block 6 Lot 18 ^ . MICHAEL & KATHLEEN RICHTER .................... uurrenr Owner Mop No. -Lot No. Prior Owner GEORGE & ANNE ARNOLD 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph af the Zoning Ordinance by number. Do not quote the Ordinance.) Article TTTA 'Section 100 - 30 A.4. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropri'ate box) (~ A VARIANCE to the Zoning Ordinance ar Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 (.) 4. PREVIOUS APPEAL A previous appeal ~:~'(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( } request for o variance and was made in Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 ( z)~ A Variance to the Zoning Ordinance ( ) is r.equested for the reason that ' the approved .shed .was built with insufficient setback. We did nbt realoze that the motation on' the map accompanying the building permit was an official notification. The property is assessed at '.95 acre and we assumed that we fell into the lower category of setback require, d. . ~"orm ZBI (Continue on other sidei REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because The cost to move the building would be almost as much as it cost to erect it, and this would be a financial hardship. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISi KIC-F because Most of the lots in the area are 1/2 acre and have buildings with the same of less setbacks. This property is less than 10% larger than the specified size for 5' setbacks. STATE OF NEW YORK ) COUNTY OF ) to,h,s ................... ......... o,.: S~gnature .... OWNI~R ·, - OF $OUTHOLD PROPERTY RECORD VI LLAGE CARD SUB. LOT TYPE OF BUILDING RES. LAND I10 o SEAS. IMP. /J-oo 3?oo AGE NEW N 0 RMA L FARM Ac re VL. FARM TOTAL I DATE BUILDING CONDITION J COMM. CB. MISC. Mkt. Value MAI S ~1 ~.~...- ff ,/~/,/~, ~/; BELOW ABOVE Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 - ~ : Woodland Swampland Brushlond Hodse Plot FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD Total , ?, DOCK 1.54,5T M. Bldg. Extension Extension Extension Porch Porch Garage Patio COLOR TRIM ~ndation Basement Ext. Walls Fire Place Type Roof Recreation Dormer Driveway Bath Floors Interior Finish Dinette LR. Heat ~,IZ - DR. Rooms 1st Floor BR. Rooms 2nd Floor FIN. B. DEPARTMENT OF PLANNING l ountY of SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.LC.P. DIRECTOR OF PLANNING Nove~tber 22, 1994 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ADDlicant(~) Fabb, Thomas Grefe, Mary Anne Matos, Rene Moyer, Dale & Stacey Wagner Arnold, Am_ne L.J Morrell, Owen Latham, Joan Mulholland, John H. Varano, Kathleen Municipal 4272 4274 4275 4276 4277 4278 4279 4280 4281 File Nu.~er (s) Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s r N wm n Chief Planner APPEALS BOARD MEMBERS Gerard P, Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C, Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 30, 1994 Mrs. Anne L. Arnold 221 Fifth Avenue Greenport, N.Y. 11944 Re: Appl. No. 4277- Richter, Michael & Kathieen (Variance) Dear Mrs. Arnold: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, Lucy Farrell Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appemls of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cc~mission: XX Variance from the Zoning Code, Article IIIA , Section 100-30A.3 __. Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section ~Special Permit Appeal No: 4277 Applicant: Anne L. Arnold Location of Affected Land: 370 Old Orchard Lane, County Tax Map Item No.: lO00- 31-G-18 Within 500 feet of: Eaast Marion, NY Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State br Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to stora,~e buildin~ construct accessory (a~ built) with insufficient side yard setback Copies of Town file and related documents enclosed for your review. Dated: November 15, 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 14, 1994 Mrs. Anne L. Arnold 221 Fifth Avenue Greenport, NY 11944 Re: Appl. No. 4277 - Richter, Michael & Kathleen (Variance) Dear Mrs. Arnold: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed this date with the Town Clerk's Office concerning your variance application. This copy has also been furnished to the Southold Town Building Department pertaining to their pending building permit file. However, it will be necessary for someone to contact the Building Department for the appropriate amendments to the pending permit file (or issuance of a new permit as they may deem appropriate). Also, due to the pro~dmity of this project within 500 feet of a State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. Very truly yours, Linda Kowalski lk Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: November 2, 1994 APPL. NO. 4277 APPLICANTS/OWNERS: MICHAEL AND KATHLEEN RICHTER AGENT: ANNE L. ARNOLD, 221 Fifth Avenue, Greenport 11944 LOCATION OF PROPERTY: 370 Old Orchard Lane, East Marion COUNTY TAX MAP DISTRICT 1000~ SECTION 31, BLOCK 6~ LOT 18 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 25, 1994 GROUNDS OF DISAPPROVAL: "Proposed construction will have insufficient side yard setback." PROVISIONS APPEALED FROM: Article IliA, Section 100-30A.3 RELIEF REQUESTED: Construct 12 ft. x 40 ft. x 10 ft. accessory storage building with a setback of 5+ feet from the side property line, (setback established as built), Will require additional building permit or modification to BP #22093 dated 5131/94. MOTION MADE BY: Richard A. Wilton, Member SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: BE IT RESOLVED, to grant the relief requested for a 12 ft. x 40 ft. x 10 ft. accessory storage building with a setback of 5+ feet from the side property line, (setback established as built) and located in the rear yard. Subject to compliance with all other zoning laws, and will require additional building permit or modification to BP #22093 dated 5/31/94. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was duly adopt~///~/4~~ / GERARD P. GOEHRINC~, CHAIRMA/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: November 2, 1994 APPL. NO. 4277 APPLICANTS/OWNERS: MICHAEL AND KATHLEEN RICHTER AGENT: ANNE L. ARNOLD, 221 Fifth Avenue, Greenport 11944 LOCATION OF PROPERTY: 370 Old Orchard Lane, East Marion COUNTY TAX MAP DISTRICT 1000~ SECTION 31~ BLOCK 6~ LOT 18 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 25, 1994 GROUNDS OF DISAPPROVAL: "Proposed construction will have insufficient side yard setback." PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3 RELIEF REQUESTED: Construct 12 ft. x 40 ft. x 10 ft. accessory storage building with a setback of 5+ feet from the side property line, (setback established as built). Will require additional building permit or modification to BP #22093 dated 5131194. MOTION MADE BY: Richard A. Wilton, Member SECONDED BY: James Dinizio, Jr., Member ACTION]RESOLUTION ADOPTED: BE IT RESOLVED, to grant the relief requested for a 12 ft. x 40 ft. x 10 ft. accessory storage building with a setback of 5+ feet from the side property line, (setback established as built) and .located in the rear yard. Subject to compliance with all other zoning laws, and will require additional building permit or modification to BP #22093 dated 5/31/94. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goebringer, Chairman-Member Absent: Robert A. Villa (out-of-state). This resolution was dulyadopted. // / J//~ WAY ~ i '? 1994 NOTICE IS HEREEY GIVEN, pursuant to Section 267 Of the Town Law and the Code oftbe Town of Southold, .that the following public hear- ings will be held by the SOUTHOLD TOWN BOARD OF APPEALS attbe Southo~d Town Hall, 53095 Main Road, Southold, NY 11971 on WEDNESDAY. NOVEM- ]~,1L2_,_19_9__4. commencing at the times specified below: 1.7:30 p.m. Appl. No4275- RENE MATOS. Request for a variance under Article UIA, Section 100-30A.4 (ref. 100- 33) for permission to locate shed as an'accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180. Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-6 The subject pre- mises is a substandardparcel cahntaining approximately ,5,500~q. ft. in total lot ,a. rea. (Setba~/~beri:located in a yard area oth'~than a rear yard. shall be deter ~x~,ne, d~t~ae~ Board of Appeals.) 2. 7:35 p.m. Appl. No. 4276- DALE AND STACEY WAGNER MOYER. Reques! for a-Variance under Article XXIV~ Section 100-244B for' permission to build addition to existing dwelling with a reduc- tion in the northei-ly side yard setback to less than the required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, NY; County Tax 'Map Parcel No. 1000-143-3- 12. The subject prem scs is a' substandard parcel containing 24,768 sq. ft. total lot area. 3. 7:40 p.m. Appeal No. 4277- MICHAEL AND KATHLEEN RICHTER. Re- quest for a Variance under Ar- ticle IliA; Section 100-30A.4 -for permission to locate, as built, an accessory storage building with a setback at less than the stipulated .ten (10) ft. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-18. (Setback, when · located in a yard area other ~han a rear yard, shall be determined by the Board of Appeals.) 4. 7:45 p.m. Appl. No. 4274-MARY ANN GREFE. Request for a Variance under Article Ill, Section 100-33 for permission to locate accessory storage building, as built, in the side yard area, at premises known as 395 Tuthill Road, Southold, NY; Lot No. 25 at Yennecott Park; County Tax Map Parcel No. 1000-55-4-3. The subject premises contains approximately 32,700 sq. fi. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 5. 7:50 p.m. Appeal No. 4279- JOHN LATHAM (Owner). Request for a Vari- ance ~ander Article IliA, Sec- tion 100-30A.3 for permission to relocate an existing dwell- ' lng with addition in line with the existing rear yard setback ' line at 30 feet, which is non- conforming with the present rear yard requirement of 35 feet. This parcel is a comer lot with two front yards, contains a total lot area of approximately , 17,500/~q: ft.,and is known a~ 50 Rogers Road, ~n~hold, NY; County Tax~ Map Parcel NO; 1000-66-2-18.~:. ,~:~. 6. 7:55 ;p.m. Appeal 427S- 0WE~' MOI~L. Re- quest for ~'Vafi~c~ Under Ar- ticle IlL Section 1,00-33 for permission to construct acces- sory garage building in an area otberl than the required rear yard. This parcel contains five acres of lot area, known as 495 Pi,~tdock Way, Wolf Pit Pond Estates Lot. No. 22, Mattituck, NY; County Tax Map .Parcel No. 1000-107-4-2.1 ff. The sub- ject premises"is located in the AgriCUltural-ConserVation (AJ C) Zone District. ' 7. 8:00 p.m. Appeal NoT 4280- JOHN H. . MULHOLLAND. Request for a Variance under Article IliA, Section 100-30A,3 for permis- sion to construct addition to dwelling with. a setback at less than the required ten (10) feet from the easterly side property line, at premises known as 715 Island View Lane, Greenport, NY; County Tax Map Parcel No. 1000-57-2-24. The subject premises is a substandard lot containing 17,011 sq. ft. total lot area. 8. 8:05 p.m. Appeal No. 4281- KATHLEEN VARANO. Request for Vari- ance under Article XXIII, Sec- tion 100-235B, and Article III, Section -100-32 (Bull Sched- ule) for insufficient area of lots, as propnsed and modified from prior Decision of the ZBA ren- dered May 2, 1985 under Ap- peal No. 3330, and request for a Variance to establish build- ing envelopes for future con- struction since he setbacks shown do not comply with the principal setback requirements for this R-80 Residential Zone District. Location of Property: 6600 Indian Neck Road, Peconic, NY; County Tax Map ,iPar¢~LNo. 1000'86-7-4. Sub- J~Ct premises Consists 0f5.3+- acres in total area~ ' " The Board of Appeals will at said time and place hear any and all persons or representa- tives desiring to be heard in the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing .will not start before the times designated ab6ve. IfY°u wish to review any of the aboye files or would like to request more information, please do not besi- tata to call 765-1809 or visit our office. Dated: October 17, 1!~)4 BY ORDER OF THE TOWN BOARD OF APPEALS GERARD : P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-10/27/94 COUNTY Ot" SUFFOLK STAq'E 017 NEW YORK ss: Patricla Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for .................. · ~ .......... weeks succes~vely, commencing on the ..... Sworn to before me on this -.. ~?'- ?...day of Notary Public BARBARA Am SCHNEIDER NOIARY PUBLIC, State el New York Ne. 4806~46 Qualified in Suffolk Co~n~/ Commission Expires PUBLIC HEARINGS, Law and the Code or thc Town of Southold, that thc fei owing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the $oathoid Town Hail, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, NOVEMBER 2, 1994, commencing at Iha t~mes specified below: I. 7:30 p.m. Appl. No. 4275 -- RENE MATES. Request for a Vari. ance under Article IliA, Section 30A.4 (ret. 100-33) for permission than the requhe, d rear yard, at premise! known as 180 Carole Road, Southnid: NY; County Tax Map Parcel No. 1000-$2-2-6. The subject premises is a substandard parcel containing approxi- matniy $,500 sq. It. in total lei area. (Satback, when located in a yard area other than a rear yard, shah be deter- mined by tbe Bo;rd of Appeals.) DALE and STAcEY WAGNER MEYER. Request for a Variance under Article XXIV, Section 100- 244B for pen~ission W build addilion lo existing dwelling with a reduc on {~-}h~ ~)nher Y Side yard s~iback to less than the required 15 ft. minimum cone, Manitack, NY; County Tax Map Parcel No. 1000-143-3-12. Tbe subjecl raining 24,768 sq. ft. iota] lot area. " 3. 7:40 p.m. Appeal No. 4277 -- MICHAEL and KATHLEEN RICHTER. Request for a Variance under Article IliA, Section 100-30A.4 accessory slorage building with a set- back at less than the stipulated ten (10) ft. setback Irom the northerly side 370 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-1g. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of AppeaU.) ' 4, 7:45 p,m. ApPl. No. 4274 -- vanunun under Article ill, Section ~ 100-33 for permission to locate ac- ~ eeasory storage buiMing, as built, i~ h% s/de yard &wa, at p~emises known as 395 Tuthill Road, Southold, NY;' Tax Map Parcel No. 1000-5S-4-3. The proximately 32,700 sq. ft. in tomi Jot afe~ (Setback, when located in a yard area other than a rear yard, shall be detemfifled by the Board of Appeals.) 5. 7:50 p.m. Appeal No. 4279 -- JOAN LATHAM (Owner). Request for a Variance under Article IliA, Section 100-30A.3 for permission to ed/J/don, hi //nc with thc existing rear yard setback Iir, e at 30 feet, which is yard requirement of 35 feet. This par. eel ia a Comer lot with mo front yard¥ known as 50 Re, ers Road, Southold, NY; County Tax map Parcel No. · 1000-66-2.18. 6. 7:55 p.m. Appeal No. 4278 -- OWEN biORREL. Request for a other titan the required rear yard. This known as 495 Paddock Way. Wolf Pit Pond Estates Lot/Ill, Mattimck, NY; County Tax Map Parcel No. 1000- 107-4.2.10. The subject premises is Consorvadon (A-C) Zone Dis~ict. 7. 8;00 p.m. Appeal No. 4280 -- cuon 1O0-30A.3 for permission to Conslract addition ~o dwallins with a ectbanh at less fllan ~he reqalr~d ten (I0) feet from ~ ~as~dy side proper- ty line, at premtsoa known as 715 Island View I~ne, Oreenporl, NY; County Tax Ma~ Parcel No, 1080-17. 2-24. The subject premises is a sub- standard lot containing 17,011 sq, ft. oi.,~tr, ~r NI~W YORK) in ~d Co~, ~l~ d~y ~om, ~ ~at he/~e ~ PHncip~ Clerk of THE S~ TIM~, a Weekly Newspaper, publl~ed al MaHIM~, in ~e To~ of ~uthold, Coun~ of S~olk ~d S~ie of New York, and tha~ ihe Notice of which ~e annexed Is a printed copy, h~ ~en ~iy publi~ed in ~d Newspaper once each week ~ weeks ~y~comm~ng on the day of Principal Clerk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 18, 1994 Mrs. Anne L. Arnold P.O. Box 172 East Marion, NY 11939-0172 Re: Variance Application - Michael and Kathleen Richter Dear Mrs. Arnold: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchm~n, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, November 2, 1994 at the Southold Town Hall at the time specified. Also, you will find enclosed a "Poster" Notice which must be placed by you, either on a stake and located in the front yard (road side) of this property, or placed on the front of the dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at this time since the Beard Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. If you have any questions, please feel free to call MaryAnn, Lucy or me. Very truly yours, Linda Kowalski, Clerk Beard of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of MICHAEL AND KATHLEEN RICHTER CONFIRMATION OF POSTING I, , residing at being duly sworn, depose and That on the property known as placing the day of October, 1994, I personally posted the "370 Old Orchard Lane, East Marion, NY" by Town's official poster Notice on facing the road side of the property, and that the poster has remained in place at least five to seven days prior to the date of the public hearing noted thereon to be held November 2, 1994. Dated: October , 1994. (signature) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. No.. '~' ' are ~you have an interest in this projecV, ~ou i ATE OF PUBLIC HEAR,N toviewth~eTow~n file~s)~t which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of MICHAEL AND KATHLEEN RICHTER 2 5 CONFIRMATION OF POSTING being duly sworn, depose and s~y: That on the /~ day of October, 1994, I personally posted the p~operty I/~aown as "370 Old Orchard Lane, East Marion, NY" by placing the Town's official poster Notice on i~L"/ff~ 7~ ~/t~ .~-~'# .~ /.~ ~f ~ /~(.)t/ S' ~ facing the road side of the property, and that the poster has rom~ined in place at least five to seven days prior to the date of the public hearing noted thereon to be held November 2, 1994. Dated: October ~?,5~, 1994. (~i~ature) Page 7 - Hearing TransL'~pt Regular Meeting of November 2, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Members have any questions of Mr. Moyer? No. MEMBER DINIZIO: MEMBERS: No. MR. CHAIRMAN: All right. While you're there, do any of the Board Jim? Richard, no? Most of the houses down there have been there 40 to 60 years, I guess, and they are somewhat placed in the middle of the lots. Interestingly enough those lots end up to be relatively deep and not quite as wide as they are deep. I don't have ally particular problems, let me just ask if anybody at the hearing has any. Is there anybody here that would like to speak against this application? Anybody like to speak, have anything to say about the application? All right, hearing no further comment I have no objection to this application either. I will offer resolution to grant it as applied for. Second. All in favor? Have a lovely evening, Sir. Thank you. MEMBER DINIZIO: MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: DALE MOYER: 7:43 P.M. Appl. No. 4277 - M1F~I4A~L AND KATHLEEN RICHTER MR. CHAIRMAN: Request for a Variance under Article IIIA, Section 100-30A.4 for permission to locate, as built, an accessory Page 8 - Hearing Trarl~ipt Regular Meeting of November 2, 1994 Southo]d Town Board of Appeals storage building with a setback at less than the stipulated ten (10) ft. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion; County Tax Map Parcel No. 1000-31-6-18. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) I have a survey indicating this 12 x 40 x 10 foot shed, located adjacent to a pool in the rear, excuse me, actually it's the side yard area and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody else that would like to be heard? Is there anybody would like to be heard? BOARD SECRETARY KOWALSKI: Mrs. Arnold is here. MR. CHAIRMAN: Mrs. Arnold, how are you? ANNE ARNOLD: I'm ( ) I'm here to answer any questions. MR. CHAIRMAN: How did this end up to be so large in this area? ANNE ARNOLD: Excuse me. MR. CHAIRMAN: How did this building end up to be so large, so long and so narrow in this area. I'm not degrading the building. I'm just asking the question. ANNE ARNOLD: Because we wanted part of it for pool storage and ( ) for the tractor and garden and stuff and we couldn't get it to the fence. We thought we were legal but we any closer to the, were not. MR. CHAIRMAN: All right. utilities are in the building? ANNE ARNOLD: MR. CHAIRMAN: While I have you there, what type of There, there aren't any. There aren't any utilities, not even electric? Page 9 - Hearing Tran~'ipt Regular Meeting of November 2, 1994 Southold Town Board of Appeals ANNE ARNOLD: No, no. MR. CHAIRMAN: Nothing. MEMBER WILTON: The shed also replaces the preexisting shed that was there years before that, basically it was falling down and you I donated the paintings, ( ). Does anybody have any questions to this nice lady. replaced it. ANNE ARNOLD: MR. CHAIRMAN: MEMBER DINIZIO: No. MR. CHAIRMAN: All right. OK, you're anything develops OK. Is there anybody speak either for or against this application? specific objections to this? welcome to sit down if else who would like to Does anybody have any MEMBER WILTON: MEMBER DINIZIO: MR. CHAIRMAN: Does anybody want to make a motion? I'll make a motion that the a, approved as built. Second. All right. Will you add to that motion that it only And what is tile setback that be used for storage purposes. MEMBER WILTON: Yes. BOARD SECRETARY KOWALSKI: you're granting, 5 feet? MR. CHAIRMAN: 5 feet. All in favor? MEMBERS: Aye. Legal Notices Mailed to the following 10/1 8/94: Environment East, Inc. P.O. Box 190 3075 Indian Neck Lane Peconic, NY 11958 (Re: Mulholland) Jennifer B. Gould, Esq. 828 Front Street P.O. Box 177 Greenport, NY 11944 (Re: Mates) Mr. and Mrs. D~e Meyer 650 Bay Avenue Mattituck, NY 11952 Mrs. Anne L. Arnold P.O. Box 172 East Marion, NY 11939 (Re: Richter) Mr. and Mrs. John Bertani 1380 Oakwood Drive Southold, NY 11971 (Re: Grefe) Mr. Doughs McGahan P.O. Box 602 Cutchogue, NY 11935-0602 Mr. Mark Boeckman, Builder P.O. Box 1453 Mattituck, NY 11952-1453 (Re: Latham) (Re: Morrel) Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935-0973 (Re: Varano) Mrs. Pat Ruchian 601 Queen Street Alexandria, Virginia 22314 (Concerns Re: Varano) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robe~ A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 23, 1994 ,~.E. .R.A. TYPE II ACTION DECLARATION Appeal No. 4277 Project/Applicants: County Tax Map No. Location of Project: Anne Arnold 1000- 31-6-18 370 Old Orchard La,, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Proiect: "As built" accessory storage shed with insufficient side yar setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town.Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: September 23, 199~ RE: Zoning Appeal No. t~277 - Anne L. Arnold Transmitted herewith is Zoning Appeal No. ~277 of ANNE L. ARNOLD for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated August 25, 1994 with attachments; Short Environmental Assessment Form; ZBA Questionnaire; CO for Nonconforming Premises and survey. Judith T. Terry Southold Town Clerk TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN ~ $OUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLE11ON OF THE V~DRK AUTHORIZED] Date .............. .,/ ............................................. 22093 Z / Permission Is hereby granted to: .......... ......................................... ..~:..®~......../..F_~ ........ ~'~.......~./..~;~ ~,-~ .~,<.~..:..-. ....... ~.~.i.~. ........ :~/,~ ...... ~..~ ,o .....~.,.-~ ~.,~ ............ ~ ............ ~.~.~.~ .............. ..J..~.~ ............... ~2~ .~ .......... ~ ........... ~..,c .......... ~ ............... ~ ............... .~2~../..~. .......... ...~.~..~, ,'~ ,-~,~. ' ...... CountyTaxMapNo. 1000 Section --~/ ~; /d/~ ......................... Block .......................... Lot No ............................. pursuant to application dated ........... ~ ....... ../....47. .............. 19.....?..~.:..., and approved byfhe Building Inspector. ~....~.~ ...... Rev. 6/30/80 The N.Y.S. Enviro'nmental Quality Review Act requires submission of this forM, and an environmental review will be ma~e by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~M ~NSTRUCTIONS: (a) In order to answer the questions in this short EA~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes ~/NO 2. Will there be a major change to any unique or un~ual land form on the site? Yes ~/No 3. Will project alter or have a large effect on an existing body of water? Yes '/No 4. Will project have a potentially large impact on groundwater quality? ~Yes __._/No 5. Will project significantly effect drainage flow On adjacent sites? Yes 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? Yes o 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the ~ommunity? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes /No 10. Will project have a m~jor effect on existing or future recreational opportunities? .__Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Ye$ ~No 13. Will project have any impact on public health or safety? 14. Will project affect the existing corm~unity by directly causing a growth in permanent tion of more than 5 percent over a one-year Yes /No period o_~r have a major negative effect on the ~ character of the community or neighborhood? 15. Is there public controversy concerning the project? Yes No ~reparer,s Signature: Representing: ZBA ~/~5 - Date:__ - [] New r~ Exoanslon PROJECT I.D. NUMBER ~' 617.21 Appendix C State Environmental Quality Review ~ SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be'~ompleted by Applicant or Project sponsor) \ \ \ \ SEQR Initially acres Ultimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING DR OTHER EXISTING~.AND USE RESTRICTIONS? [] Agriculture [] Parl~:oresUO;en s~ac, [] Ol~er g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Resiclentlal [] Inclustrial [] Commercial 10. DOES ACTION INVOLVE A PERMIT APPROVAl.. OR FUNDING. NOW OR ULTIMATELY FROM ANY O~HER GOVERNMENTAL AGENCY (FEDERAL. 11. DQEB ANY ASPECT OF THE ACT~,.;~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes L~. N~ tf ye=, !{sl age~,cy name an~ Derm~tlap~Iroval 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE~ If the action is in the Coastal Area, and you are a state agency, complete t~e Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) QUESTION%;AIRE FOR FILI~;G WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate marke~ ~or , sale or being shown to prospective buyers? { } Yes ( } No. (~f Mes, ?]~e a~e~h ~py af "conddtinn~" of sale.) C. Are there ~y p£uposals tD ~zb~nge u~ alter l~n~ c~rntcu_~? { } Yes { } ND 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea~ed between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, ~ulkheads or fen=as which e~t ~nd are not ~h~n ~n the survey map that you sUbmitting? If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map ~s approved by the Building Department. If none, please state. H. Do you or any co-owner alsd own other land close to this parcel? If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel and proposed use Authorized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Tn~stees of the Town of Southold. [Added ~-5-84 by L.L. No. 6-1984} V'rE2~NDS [Amended 8-26-76 by LL No. 2-1976; 3-26- 85, by_[. T, N~. A. IiDAL WETLANDS: (I) All lands generally covered or in~rmittently cov- ered wkh. or which border on. tidal wam~. or l~nds lying beneath tidal waters, which at mean low tide are covered by tidal waters ~ a maximum de~th of five (5) feet. including but net limited ~ ban~, bogs, salt marsh, swamps, meadows, fla~ or o~her law lying lands subject m tidal action; (2) All banks, bogs. meadows, fla~ and tidal marsh ~ubject t0 such ~ides and upon which grows or may grow some or any of the followin~ s~l~ hay, black ~, saltwort, sea l~vender, ~11 cerd~s, high bush. c~t~ils, groun~eL m~sh~.llo~ ~d ~w (3) ~11 ~d immediateN =djaeent ~ a tMal ~tand ~ defined in Subsection A(2} and lying within seven- ~-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: ' (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, ~ 2-I-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environment[ Coniervation Law of the S~te of New York: and (2) All land immediately adjacent to a "freshwater wet- nd. as defined in Subsection B(1) and lying with- in seventy-five {78) feet landward of the most land. ward edge of a "freshwater wetland." 9705 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN tL~, LL SOUTttOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY tbat tbe /'~X Land [--! Building(s) /_-/ Use(s) Pre C.O. #- Z15650 Date- April 16, 1987 located at 370 OLD ORCIIARD LANE Street EAST MARION Hamlet shown on County tax map as District 1000, Section 03 ] , Block 06 Lot 18 , does.~not)conf0rm to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ~_--X/Land I--I Building(s) /_--/Use(s) existed on the effective date the present Building Zone Code of tim Town of Soutbold. and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's' Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains 2~ story, one family, wood framed dwelling; ingroued pool, feDcing, shed; solar panel; all situated in A-Residential Agricultural zone with access to Old Orchard Lane. The Certificate is issued to Michael & Kathleen Richter (George (owner, ~O[~x ~;~ Xt~x~;~ k) of the aforesaid building. Arnold & wife) Suffolk County Department of Bealth Approval N/A UNDERWRITERS CEI~TIFICATE NO. N/A NOTICE IS HEREBY GIVEN th%t the owner of the above premises I-LiS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection h~s been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. l:ui]d in~. inspector MAIN .® .,,~, I © COUNTY OF SUFFOL o, ,~ - ~ --".~._. ~ Reol Properly Tax Service , I - ~r~'" ' R-40 HD R -80 R -80 \ \ \ t JUDITH.T. I:ERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516 - 765 -1801 DATE RECEIPT 5 2 0 7 0 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o[ the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OQNER YOU ARE HEREBY GIVEN NOTICE: 1. Th,./~. 't i~h_~, intention of the undersigned to petit on the Board of Appeals of the Town of Southnld to request..(~riance~(Special Exception) (Special Perm t). (Other) [circle choice1 2. That the property which is the subiect of the Petition is located adj',cent to your property and is des- County Tax map No. 1000 Section 31~ Block 6, LOt 18 3. That the property which is the subiect of such Petition. is located in the following zoning district: R-40 4 l'ha[ h~, such Pe[itioo, the undersigned, will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the~nder- signedare A:ticle ~IA Section !99 29 A.t~. [ ] Section 280-A, New Yor~ Town Law for approval of access over right(s)-of-way.~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours· (516) 765-1809. 7. 'That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler. Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: , )~/0~.~ _~' I~.~. a~ L. Ar:eld Petitioner Owners ' Names: MJehmol & gm~hleen Ric5ter Post Office Address Oreenport, NY 11944 . Te 1. No. ( 516 ) 477 - 1377 [Copy of sketch or plan purposes.] showing proposal to b~'~ecFd'rfe~":~a~l~lnvenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS HELEN Spinthourakis P.O. Box 229 East Marion , N.Y. 11929 Howard F. King P.O. Box 15, Old Orchard Lane East Marion , NY 1~939 Michael Niamonifakis 111 Marine Avenue Brooklyn, NY 11209 = STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Anne L. Arnold , residing at 370 Old Orchard Lane gas~ Marion Nx , being duly sworn, deposes and says that on the 21 day of R%nr,~mhgr ,19 ' % , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their .respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- t'icc at E~- ~f~'~,,,~; ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to,befcz[.cn3.e this _Notary Public on form transmitted (This side does not have to be completed to adjoining property owners.)